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NY M80165




February 15, 2006

CLA-2-18:RR:NC:SP:232 M80165

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.90.9090

Mr. William E. Kentor
Great Foods Inc.
1255 Crofton Ave.
Highland Park, Il 60035

RE: The tariff classification of a chocolate flavored syrup from China

Dear Mr. Kentor:

In your letter dated January 24, 2006 you requested a tariff classification ruling.

A sample and information were furnished with your initial request dated January 9, 2006. The submitted sample contains chocolate flavored syrup packaged in a plastic container, which resembles a bear. The container is approximately 7 inches high and 2 ½ inches wide with net weight of one pound. You indicate that the syrup will be sold at retail sale in packages having a net weight of two pounds or smaller. The subject merchandise is stated to contain 59.7 percent high fructose corn syrup, 23 percent water, 9 percent sugar, 8 percent cocoa powder, 0.1 percent xanthan gum, 0.1 percent lecithin and 0.1 percent salt.

The applicable subheading for the chocolate flavored syrup will be 1806.90.9090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Chocolate and other food preparations containing cocoa: Other: Other: OtherOther. The duty rate will be 6 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at telephone number (301) 575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (CFR Part 134). The sample you have submitted does not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist John Maria at 646-733-3031.

Sincerely,

Robert B. Swierupski
Director,

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